P. v. Mannich
When a criminal defendant is induced to enter a plea of guilty or no contest by a promise of a fundamental nature that cannot be kept, he or she is entitled to a reversal of the resulting judgment and sentence. (People v. Hollins (1993) 15 Cal.App.4th 567, 574.) Gunter Mannich appeals from a conviction after he pled no contest to one count of criminal threats (Pen. Code, 422). He was sentenced to state prison for 16 months. Appellant contends he is entitled to withdraw his no contest plea, because he entered the plea in reliance on the misrepresentation that he would be permitted to petition the trial court for reduction of his felony offense to a misdemeanor under section 17, subdivision (b) (hereafter section 17(b)). Court disagree and affirm.
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